Road Rights – Listen Up

Can you legally wear headphones while riding? The answer might surprise you.

By Bob Mionske

One of the more common negative cycling stereotypes is that of a tuned-out rider blissfully unaware of his surroundings as he pedals along, lost in the music blaring from his headphones. The reasons cyclists ride with earbuds are as varied as the riders themselves. Music may motivate some to train harder, while others like the way it helps filter out wind noise. Also, moving to music is an ancient tradition dating back to the dawn of human culture. For some, listening to music while riding is just a perfect way to combine two beloved activities.

Although detractors say it’s unsafe, that’s not necessarily true. Most headsets for portable devices are designed in a way that does not inhibit outside sounds from reaching the ear. And in most states, it is not illegal to wear earbuds or a headset while riding. Of course, if you’re listening to music at ear-damaging volumes, outside sounds may be drowned out, but no law requires vehicle operators to be able to hear. If the law did require that, motorists would not be allowed to crank their stereos up and deaf people would be prohibited from operating vehicles. The fact is, when riding we rely less on our ability to hear other vehicles–an imprecise source of information regardless of how fine-tuned our ears are–than we do on sight, along with our balance and our body’s sense of itself in space and time. Thus, even if headphones did impair hearing–and generally they don’t if you’re listening at a reasonable volume out of a single earbud–it’s still possible to safely operate a bicycle.

However, if wearing headphones while riding is against the law in your state (see box), you face potential penalties for doing so. Although the most common one is a traffic ticket, there are potentially more serious ramifications: If you are involved in a collision and you were wearing headphones in violation of the law, you may be found to be liable for negligence even if the other person was also negligent.

The Law: Riding with Tunes

Only five states regulate the use of headphones by cyclists, and generally the limitations are directed at all vehicle operators. Two of those states–Florida and Rhode Island–prohibit any use of headsets. The intent is to ensure that vehicle operators won’t inhibit their ability to hear sirens and vehicle horns.

The other three states that regulate the use of headsets–California, Delaware and Maryland–prohibit their use in both ears; in these states, one ear must be left uncovered. Maryland makes an exception to this law for riders on bike paths.

Some states make a distinction between headsets used for playing music or other recorded material and those used for cell phones. For example, Florida lifts its ban on earphones when they’re used with a cell phone. In fact, as more states begin to regulate mobile-phone use, vehicle operators are increasingly being required to use hands-free devices.

Research and drafting provided by Rick Bernardi, JD.

Now read the fine print:

Bob Mionske is a former competitive cyclist who represented the U.S. at the 1988 Olympic games (where he finished fourth in the road race), the 1992 Olympics, as well as winning the 1990 national championship road race.

After retiring from racing in 1993, he coached the Saturn Professional Cycling team for one year before heading off to law school. Mionske’s practice is now split between personal-injury work, representing professional athletes as an agent and other legal issues facing endurance athletes (traffic violations, contract, criminal charges, intellectual property, etc).

Mionske is also the author of Bicycling and the Law, designed to be the primary resource for cyclists to consult when faced with a legal question. It provides readers with the knowledge to avoid many legal problems in the first place, and informs them of their rights, their responsibilities, and what steps they can take if they do encounter a legal problem.

If you have a cycling-related legal question, please send it to mionskelaw@hotmail.com Bob will answer as many of these questions privately as he can. He will also select a few questions each week to answer in this column. General bicycle-accident advice can be found at www.bicyclelaw.com.

Important notice:

The information provided in the “Road Rights” column is not legal advice. The information provided on this public web site is provided solely for the general interest of the visitors to this web site. The information contained in the column applies to general principles of American jurisprudence and may not reflect current legal developments or statutory changes in the various jurisdictions and therefore should not be relied upon or interpreted as legal advice. Understand that reading the information contained in this column does not mean you have established an attorney-client relationship with attorney Bob Mionske. Readers of this column should not act upon any information contained in the web site without first seeking the advice of legal counsel.